It took another tie-breaking vote from mayor Nels Anderson to inch the cannabis industry ahead in Soldotna. At issue Tuesday night was an ordinance that would have put 500 foot buffers between pot stores and a number of other locations like churches, schools and parks.
Taken together, the buffers the city council has approved around pot stores already put fairly strict geographic limits on where and how many cannabis businesses can operate. Chad Ebenezer already has a store just outside of town, Pine Street Cannabis. But the 500 foot buffer around even city parks would have left him with nowhere to hang a shingle in city limits.
“I’ve spoken with several building owners, property management companies, a well-known realtor in the area, our city planner and I’ve also asked some of (the council) for ideas on where I might find a suitable location. Cannabis businesses are new to this state and this community and therefore they are sometimes misunderstood and not always well-received. So the challenge has been to find an available space that has a willing landlord with welcoming tenants that is outside of all the buffer zones.”
Just one location would work, Ebenezer says. But, as the crow flies, it’s 429 feet from Farnsworth Park. And to council member Paul Whitney, a park is a playground and playgrounds should be kept away from such businesses.
“Our city parks are there for outdoor games and recreation. It’s not just confined to a swingset or a slide. There’s activities that go on in that park, in any park. Use Soldotna Creek Park as an example."
“Nobody expresses a lot of concern about the various, succesful drinking events we have in our park at Soldotna Creek.”
Council member Keith Baxter was quick to point out what he calls a double standard that’s emerged as the city has debated the merits of marijuana businesses while sponsoring events like the upcoming Frozen River Fest and even actively lobbying the state for permission to issue more liquor licenses.
Council member Tyson Cox offered an amendment to the ordinance on the table to back those buffers off to 300 feet. After some consultation with one of the city's Anchorage-based attorneys, Charles Cacciola, about any federal implications, it was time for the vote.
“There’s possibly some outlandish scenario in which a municipality could expose itself to liability. I can’t conjure what it would be. But generally, it would be the store owner that would be at risk.”
“So you’re not sure what Jeff Sessions is going to do," Mayor Anderson asked.
“None of us are.”
And again, Mayor Anderson cast the deciding vote on an issue that has consistently split the council. With more relaxed, 300 foot buffers in place around city parks (500 foot buffers remain in effect around schools, churches, libraries and treatment centers among others) cannabis businesses may have a place within city limits after all.
The other issue the council spent time with Wednesday night wasn’t even on the agenda.
Last week, the Kenai River Special Management Area Advisory Board sent a letter to the Alaska Department of Enviornmental Conservation challenging its report that could land the Kenai river on a state list of impaired water bodies. Robert Ruffner helped conduct some of the studies in that report with the Kenai Watershed Forum. He told the council it was important it know what kind of decisions the KRSMA board is making, as it does have a vote on that board.
“I don’t think it’s fair to talk about the content of the letter. What I think is important to say is that the city of Soldotna, the Kenai Peninsula Borough and the city of Kenai are all local governments that have designated seats on that body. And when the body chooses to take up a topic and make official comments, I think the local governments should have an opportunity to deliberate and talk about what the content of those (comments) is.”
The big issue with that letter to DEC is that it was put together after just one public meeting.
“There may be a little misunderstanding," KRSMA board president Ted Wellman told the council.
"The problem here that I agree with Robert about is the fact that we had a rushed process. The final deadline was January 29th. That 45 day window was very short. We had a two-hour work session. And we thought the 40 members of the public represented the public. As it turned out, because of budget cuts, DNR doesn’t advertise their meetings anymore for public notice.”
And, for that matter, neither does the KRSMA board on any of a multitude of free platforms available to it, including its own website. The only way you’ll know about a KRSMA meeting is if you call the Kenai River Center and ask to be added to the mailing list.
The 40 members of the public who were at the meeting largely represented sportfishing interests. Which makes sense, because sport guides could bear the brunt of whatever measures are put in place to reduce turbidity in the Kenai river, if it comes to that.
DEC has yet to submit its final report to the federal government. In the meantime, both Wellman and Ruffner encouraged the city to submit its own letter to DEC, highlighting what many think was a rushed and flawed process.
*This story has been updated to correct the actual buffer distances approved by the council.